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(영문) 서울남부지방법원 2018.08.08 2018고단499

폭행

Text

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2017. 8. 27. 02:45 경 서울 강서구 C 앞길을 술에 취한 상태로 걸어가던 중 맞은편에서 피해자 D( 여, 32세) 와 함께 걸어오는 피해자 B(35 세) 과 마주치며 쳐다보게 되자 먼저 “ 어 쭈 ”라고 말하여 시비가 일어 말다툼을 하다가 화가 나, 싸움을 제지하는 피해자 D에게 “ 씹할 년 아! 넌 뭐야 ”라고 말하며 손으로 머리를 때리고, 피해자 B의 상의 옷깃을 잡아당겼으며, 이후 경찰에 신고 하였다는 이유로 피해자 D를 밀쳐 피해자들을 폭행하였다.

2. At the time and place set forth in paragraph 1, Defendant B suffered assault from the victim A (48 tax) as described in paragraph 1, the Defendant: (a) saw the victim’s fating fat; (b) fated the victim’s fat at the entrance of the parking lot; (c) fating the victim’s fat; and (d) fating the victim’s face at the entrance of the parking lot; and (d) fating the Defendant, who continued to use on the floor, did not know the victim’s seat. The Defendant inflicted an injury, such as inside and bottoming the floor closed fating of the victim’s face, and the frame of the inner wall, etc. of the victim’s face, by walking the victim’s face at about six (6) weeks by drinking and launching.

Summary of Evidence

1. The defendant B's partial statement

1. Each legal statement of witness B and D (defendant A);

1. Statement made by the police against Defendant A;

1. Investigation report (Investigation of 112 Reporters);

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing damaged parts' photographs and video CDs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 260(1) of the Criminal Act and the choice of fines

B. Defendant B: Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; the choice of imprisonment

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: The background and content of each crime committed by the Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the degree of each damage, and the damage therefrom are recovered.